Montana Drug Testing Laws and Regulations

State:	Montana

Statute of Order:	Mont. Code Ann. §39-2- 205 et seq.

Covered Employers:	Public and private employers.

Applicant Testing:	Testing authorized of applicants for intrastate motor carrier jobs, for jobs in hazardous environments, or jobs that primarily involve security, public safety, or fiduciary responsibility.

Employee Testing:	Employee testing authorized, including random testing, on reasonable belief of job impairment, after work-related accident causing injury or damage of $1,500 or more, or as part of regular physical exam for employees of intrastate motor carriers. Disciplinary action authorized if employee presents no reasonable explanation for positive findings.

Conditions & Methods:	Advance written notice of testing procedure, confirming test in case of positive findings, and opportunity for employee to rebut positive findings.

Important Bulletpoints:	Drug and alcohol testing required of employees are at the employer’s expense. Time attributable to the testing program is considered to be part of regular work hours and all employees must thus be compensated accordingly. An employee in violation of the employer’s policy may be sanctioned appropriately and required to participate in a suitable drug and alcohol treatment or rehabilitation program as a condition for continued employment. In such cases, periodic follow up testing is allowed and may be required. A positive test result must first be reviewed and certified by a medical review officer. A copy of the test report must be provided to the employee who shall be given the opportunity to rebut or explain the test results. The employee may request for an additional confirmatory split-sample test conducted by an independent laboratory chosen by the employee. If the additional test comes up negative, the employer pays for the cost. Otherwise, the additional confirmatory test shall be at the expense of the employee. Workers’ compensation benefits may be denied of an employee if the use of alcohol or drugs is the major cause of the workplace accident. However, if the employer had knowledge of the controlled substance use and failed to try and stop the employee’s use of alcohol or drugs, the ineligibility for benefits does not apply.

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Montana Drug Testing Laws and Regulations

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